gaturi north ward - embu county...c o u n t y g o v e r n m e n t o f e m b u | p a g e | 1 republic...

C o u n t y G o v e r n m e n t o f E m b u | P a g e | 1

REPUBLIC OF KENYA

EMBU COUNTY GOVERNMENT

QUOTATION NO: EBU/CNT/Q/226/2017-2018

GATURI NORTH WARD

PROJECT NAME: MAINTANCE OF MUTIRA B-KERURI

PRIMARY ROAD


TABLE OF CONTENTS

INTRODUCTION …………………………………………

SECTION I INVITATION FOR TENDERS ……………………………

SECTION II

INSTRUCTIONS TO TENDERERS ……………………

SECTION III

CONDITIONS OF CONTRACT …………………………

APPENDIX TO CONDITIONS OF CONTRACT ………

SECTION IV

STANDARD FORMS ………………………………………

SECTION V

SPECIFICATIONS, DRAWINGS AND BILLS OF QUANTITIES/SCHEDULE OF RATES…


INTRODUCTION

1.1 This standard tender document for procurement of works has been prepared for use by procuring entities in Kenya in the procurement of

works (e.g. Buildings, Roads, Bridges, Repairs and Maintenance) which the procuring entity considers to be small and where it is not required

to be open tendering.

1.2 The following guidelines should be observed when using the document:- (a) Specific details should be furnished in the tender notice and

in the special conditions of contract (where applicable). The

tender document issued to tenderers should not have blankspaces or options.

(b) The instructions to tenderers and the General Conditions of Contract should remain unchanged. Any necessary a

amendments to these parts should be made through Appendix to instructions to tenderers and special conditions of contract

respectively.

1.3 (a) Information contained in the invitation to tender shall conform to the data and information in the tender documents to enable prospective tenderers to decide whether or not to participate in

the tender and shall indicate any important tender requirements

I. The invitation to tender shall be as an advertisement in accordance with the regulations or a letter of invitation addressed to tenderers

who have been prequalified following a request for prequalification.

1.4 The cover of the tender document should be modified to include:-

II. Tender number. III. Tender name.

IV. Name of procuring entity. V. Delete name and address of PPOA.


SECTION I INVITATION FOR TENDERS

Tender reference no. : EBU/CNT/Q/226/2017-2018

1.1 The County Government of Embu invites sealed tenders for Roads Maintenance works. 1.2 Interested eligible candidates may obtain and inspect tender documents from the office of

the Director of Supply Chain Management Office. For more information/clarification interested applicants can visit the office of the Director of Supply Chain Management Office, during normal working hours.

1.4 Prices quoted should be net inclusive of all taxes, must be in Kenya shillings and shall remain

valid for the contract period. 1.4 Original and a copy of tender documents are to be enclosed in plain sealed envelopes

marked with Tender name and reference number and deposited in the Quotation Box at the front of Procurement offices or to be addressed to The County Secretary,

County Government of Embu

P.O. Box 36

EMBU

so as to be received on or before 20TH March 2018 10.00 am.

1.6 Tenders will be opened immediately thereafter in the presence of the candidates or their

representatives who choose to attend at a location as will be designated. Director Supply Chain Management

For COUNTY SECRETARY


SECTION II

INSTRUCTIONS TO TENDERERS

TABLE OF CONTENTS

CLAUSE

1 . GENERAL --------------------------------------- ---

2. TENDER DOCUMENTS --------------------------

3. PREPARATION OF TENDERS -------------------

4. SUBMISSION OF TENDERS ---------------------

5. TENDER OPENING AND EVALUATON --------

6. AWARD OF CONTRACT -------------------------


INSTRUCTIONS TO TENDERERS.

1.

1.1

General

The Employer as defined in the Appendix to Conditions of Contract invites tenders for Works Contract as described in the tender

documents. The successful Tenderer will be expected to complete the Works by the Intended Completion Date specified in the said

Appendix.

1.2 Tenderers shall include the following information and documents with

their tenders, unless otherwise stated:

(a) copies of certificates of registration, and principal place of business;

(b) experience in works of a similar nature and size for each of the last five years, and clients who may be contacted for

further information on these contracts; (c) major items of construction equipment owned;

(d) qualifications and experience of key site management and technical personnel proposed for the Contract;

(e) reports on the financial standing of the Tenderer, such as

profit and loss statements and auditor’s reports for the last

five years.

1.3 The Tenderer shall bear all costs associated with the preparation and submission of his tender, and the Employer will in no case be responsible or liable for those costs.

1.4 The Tenderer, at the Tenderer’s own responsibility and risk, is encouraged to visit and examine the Site of the Works and its surroundings, and obtain all information that may be necessary

for preparing the tender and entering into a contract for construction of the Works. The costs of visiting the Site shall be

at the Tenderer’s own expense.

1.5 The procurement entity’s employees, committee members, board members and their relative (spouse and children) are not eligible to participate in the tender.

1.6 The procuring entity shall allow the tenderer to review the tender document free of charge before purchase.

2. Tender Documents

2.1 The complete set of tender documents comprises the documents

listed here below and any addenda issued in accordance with clause 2.4 here below :-

(a) These instructions to Tenderers (b) Form of Tender

(c) Conditions of Contract and Appendix to Conditions of Contract


(d) Specifications (e) Drawings (f) Bills of Quantities/Schedule of Rates (whichever is applicable) (g) Other materials required to be filled and submitted

in accordance with these Instructions and Conditions

2.2 The Tenderer shall examine all instructions, forms and

specifications in the tender documents. Failure to furnish all information required by the tender documents may result in rejection of his tender.

2.3 A prospective Tenderer making inquiries of the tendering

documents may notify the Employer in writing or by cable, telex or facsimile at the address indicated in the letter of invitation to

tender. The Employer will respond to any request for clarification received earlier than seven [7] days prior to the deadline for submission of tenders. Copies of the Employer’s response will be

forwarded to all persons issued with tendering documents, including a description of the inquiry, but without identifying its source.

2.4 Before the deadline for submission of tenders, the Employer may modify the tendering documents by issuing addenda. Any addendum thus issued shall be part of the tendering documents

and shall be communicated in writing or by cable, telex or facsimile to all Tenderers. Prospective Tenderers shall

acknowledge receipt of each addendum in writing to the Employer.

2.5 To give prospective Tenderers reasonable time in which to take an addendum into account in preparing their tenders, the Employer

shall extend, as necessary, the deadline for submission of tenders in accordance with clause 4.2 herebelow.

3. Preparation of Tenders

3.1 All documents relating to the tender and any correspondence shall

be in English Language.

3.2 The tender submitted by the Tenderer shall comprise the following:-

(a) The Tender;

(b) Priced Bill of Quantities/Schedule of Rates for lump-

sum Contracts

(c) Any other materials required to be completed and submitted by Tenderers.

3.3 The Tenderer shall fill in rates and prices for all items of the Works described in the Bill of Quantities/Schedule of Rates. Items for which no rate or price is entered by the Tenderer will not be

paid for when executed and shall be deemed covered by the other rates and prices in the Bill of Quantities/Schedule of Rates. All


duties, taxes and other levies payable by the Contractor under the Contract, as of 30 days prior to the deadline for submission of

tenders, shall be included in the tender price submitted by the Tenderer.

3.4 The rates and prices quoted by the Tenderer shall not be subject

to any adjustment during the performance of the Contract.

3.5 The unit rates and prices shall be in Kenya Shillings.

3.6 Tenders shall remain valid for a period of sixty (60) days from the date of submission. However in exceptional circumstances, the

Employer may request that the Tenderers extend the period of validity for a specified additional period. The request and the Tenderers’ responses shall be made in writing.

3.7 The Tenderer shall prepare one original of the documents

comprising the tender documents as described in these Instructions to Tenderers.

3.8 The original shall be typed or written in indelible ink and shall

be signed by a person or persons duly authorised to sign on behalf of the Tenderer. All pages of the tender where alterations or additions have been made shall be initialed by the person or

persons signing the tender.

3.9 Clarification of tenders shall be requested by the tenderer to be received by the procuring entity not later than 7 days prior to

the deadline for submission of tenders.

3.10 The procuring entity shall reply to any clarifications sought by the tenderer within 3 days of receiving the request to enable the

tenderer to make timely submission of its tender.

4. Submission of Tenders

4.1 The tender duly filled and sealed in an envelope shall;-

(a) be addressed to the Employer at the address provided in the invitation to tender;

[b] bear the name and identification number of the Contract as

defined in the invitation to tender; and

[c] provide a warning not to open before the specified time and date for tender opening.

4.2 Tenders shall be delivered to the Employer at the address

specified above not later than the time and date specified in the invitation to tender.

4.3 The tenderer shall not submit any alternative offers unless they

are specifically required in the tender documents.


Only one tender may be submitted by each tenderer. Any

tenderer who fails to comply with this requirement will be disqualified.

4.4 Any tender received after the deadline for opening tenders will

be returned to the tenderer un-opened.

4.5 The Employer may extend the deadline for submission of tenders by issuing an amendment in accordance with sub-clause 2.5 in

which case all rights and obligations of the Employer and the Tenderers previously subject to the original deadline will then be subject to the new deadline.

5. Tender Opening and Evaluation

5.1 The tenders will be opened in the presence of the Tenderers’

representatives who choose to attend at the time and in the place specified in the invitation to tender.

5.2 The Tenderers’ names, the total amount of each tender and

such other details as may be considered appropriate, will be announced at the opening by the Employer . Minutes of the tender

opening, including the information disclosed to those present will also be prepared by the Employer.

5.3 Information relating to the examination, clarification, evaluation and

comparison of tenders and recommendations for the award of the Contract shall not be disclosed to Tenderers or any other persons not officially concerned with such process until the award to the

successful Tenderer has been announced. Any effort by a Tenderer to influence the Employer’s officials, processing of tenders or award

decisions may result in the rejection of his tender.

5.4 Tenders determined to be substantially responsive will be checked for any arithmetic errors. Errors will be corrected as follows:

(a) where there is a discrepancy between the amount in figures and

the amount in words, the amount in words will prevail; and

(b) where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will prevail, unless in the

opinion of the Employer’s representative, there is an obvious typographical error, in which case the adjustment will be made to the entry containing that error.

(c) In the event of a discrepancy between the tender amount as stated in the Form of Tender and the corrected tender figure in the main summary of the Bill of Quantities/Quotation, the

amount as stated in the Form of Tender shall prevail.


(d) The Error Correction Factor shall be computed by expressing

the difference between the tender amount and the corrected tender sum as a percentage of the Corrected Builder’s Work (i.e.

corrected tender sum less P.C. and Provisional Sums).

(e) The Error Correction Factor shall be applied to all Builder’s Work (as a rebate or addition as the case may be) for the purposes of valuations for Interim Certificates and valuation of

variations.

(f) The amount stated in the tender will be adjusted in accordance with the above procedure for the correction of errors and with

concurrence of the Tenderer, shall be considered as binding upon the Tenderer. If the Tenderer does not accept the corrected

amount, the tender may be rejected and the Tender Security forfeited.

5.5 The tender evaluation committee shall evaluate the tender within 30

days of the validity period from the date of opening the tender.

5.6 Contract price variations shall not be allowed for contracts not exceeding one year (12 months)

5.7 Where contract price variation is allowed, the valuation shall not

exceed 15% of the original contract price.

5.8 Price variation requests shall be processed by the procuring entity within 30 days of receiving the request.Preference where allowed in the evaluation of tenders shall not exceed 15%

5.9 To assist in the examination, evaluation, and comparison of

tenders, the Employer at his discretion, may request [in writing] any Tenderer for clarification of the tender, including breakdowns of

unit rates. The request for clarification and the response shall be in writing or by cable, telex or facsimile but no change in the tender price or substance of the tender shall be sought, offered or

permitted.

5.10 The Tenderer shall not influence the Employer on any matter relating to his tender from the time of the tender opening to the

time the Contract is awarded. Any effort by the Tenderer to influence the Employer or his employees in his decision on tender evaluation, tender comparison or Contract award may result in

the rejection of the tender.

6. Award of Contract

6.1 The award of the Contract will be made to the Tenderer who

has offered the lowest evaluated tender price.

6.2 Notwithstanding the provisions of clause 6.1 above, the


Employer reserves the right to accept or reject any tender and to cancel the tendering process and reject all tenders at any time

prior to the award of Contract without thereby incurring any liability to the affected Tenderer or Tenderers or any obligation to

inform the affected Tenderer or Tenderers of the grounds for the action.

6.3 The Tenderer whose tender has been accepted will be notified of the award prior to expiration of the tender validity period in writing

or by cable, telex or facsimile. This notification (hereinafter and in all Contract documents called the “Letter of Acceptance”) will state the sum [hereinafter and in all Contract documents called

the “Contract Price” which the Employer will pay the Contractor in consideration of the execution, completion, and maintenance of

the Works by the Contractor as prescribed by the Contract. The contract shall be formed on the parties signing the contract. At the same time the other tenderers shall be informed that their

tenders have not been successful.

6.4 The Contract Agreement will incorporate all agreements between the Employer and the successful Tenderer. It will be signed by

the Employer and sent to the successful Tenderer, within 30 days following the notification of award. Within 21 days of receipt ,the successful Tenderer will sign the Agreement and return it to

the Employer.

6.5 Within 21 days after receipt of the Letter of Acceptance, the successful Tenderer shall deliver to the Employer a Performance

Security amount stipulated in the Appendix to Conditions of Contract.

6.6 The parties to the contract shall have it signed within 30 days from the date of notification of contract award unless there is

an administrative review request.

6.7 The procuring entity may at any time terminate procurement proceedings before contract award and shall not be liable to any person for the termination.

6.8 The procuring entity shall give prompt notice of the termination to

the tenderers and on request give its reasons for termination within 14 das of receiving the request from any tenderer.

7. Corrupt and fraudulent practices

7.1 The procuring entity requires that the tenderer observes the

highest standard of ethics during the procurement process and execution of the contract. A tenderer shall sign a declaration that he has not and will not be involved in corrupt and fraudulent

practices.


7.2 The procuring entity will reject a tender if it determines that

the tenderer recommended for award has engaged in corrupt and fraudulent practices in competing for the contract in question.

7.3 Further a tenderer who is found to have indulged in corrupt

and fraudulent practices risks being debarred from participating in public procurement in Kenya.


Appendix to Instructions to Tenderers Notes on the Appendix to the Instruction to Tenderers 1. The Appendix to instructions to tenderers is intended to assist the

procuring entity in providing specific information in relation to the corresponding clause in the instructions to Tenderers and has to be prepared for each specific procurement.

2. The procuring entity should specify in the appendix information and

requirements specific to the circumstances of the procuring entity, the goods to be procured and the tender evaluation criteria that will apply to the tenders.

3. In preparing the Appendix the following aspects should be taken into consideration;

(a) The information that specifies and complements provisions of

Instruction to tenderers to be incorporated (b) Amendments and/or supplements if any, to provisions of

Section 2.0 as necessitated by the circumstances of the goods to be procured to be also incorporated

4. Section II should remain unchanged and can only be amended through the Appendix.

5. Clauses to be included in this part must be consistent with the public procurement law and the regulations.


Appendix to Instructions to Tenderers/General information The following information regarding the particulars of the tender shall

complement supplement or amend the provisions of the instructions to tenderers. Wherever there is a conflict between the provision of the instructions

to tenderers and the provisions of the appendix, the provisions of the appendix herein shall prevail over those of the instructions to tenderers

PRELIMINARY REQUIREMENTS 1. All entries must be typed or written in ink. Mistakes must not be erased but should be crossed out and

corrections made and initialed by the persons signing the tender. 2. The form of bid shall be duly filled, signed and stamped by an individual entrusted with the powers of

attorney. 3. Each bid should be submitted in a plain sealed envelope with the Tender Number and Name endorsed

on the outside. 4. The bidder shall attach a duly filled, signed and stamped confidential business questionnaire by an

individual entrusted with the powers of attorney. 5. The form of power of attorney shall be duly filled, signed and stamped. 6. The tender document shall be submitted complete, intact with no page alterations. 7. Tenderers shall ensure that the submitted bid (documents) is (are) serialized .i.e (each page in the

submitted bid shall have serial identification). 8. All submitted forms and documents shall be duly filled, signed (where applicable) and stamped.

Bidders shall attach copies of the under listed documents endorsed (signed and stamped) by commissioner of oaths/advocate registered in Kenya.

9. Valid current year business permit. 10. Valid current year tax compliance certificate. 11. Certificate of incorporation. 12. PIN/VAT certificate from KRA. 13. Copy of NCA registration certificate of roadworks category 6 and above. 14. Financial audited accounts for the previous three years endorsed, signed and stamped by a

registered external auditor in order to confirm the following: a. the current soundness of the applicants financial position and its prospective long

term profitability. b. Minimum average bi-annual construction turnover of KShs. 2Million[Two

million] for the last two years.] `

Bidders that will not comply with the above criteria shall be considered non-responsive.

TECHNICAL REQUIREMENTS For this tender, it was targeting bidders from the pre-qualified list where the technical requirements were covered during the pre-qualification period.


SECTION III –

CONDITIONS OF CONTRACT

1. Definitions

1.1 In this Contract, except where context otherwise requires, the following terms shall be interpreted as indicated;

“Bills of Quantities” means the priced and completed Bill of Quantities forming part of the tender[where applicable].

“Schedule of Rates” means the priced Schedule of Rates forming part of the tender [where applicable].

“The Completion Date” means the date of completion of the Works as certified by the Employer’s Representative.

“The Contract” means the agreement entered into by the Employer

and the Contractor as recorded in the Agreement Form and signed by the parties.

“The Contractor” refers to the person or corporate body whose

tender to carry out the Works has been accepted by the Employer.

“The Contractor’s Tender” is the completed tendering document submitted by the Contractor to the Employer.

“The Contract Price” is the price stated in the Letter of Acceptance.

“Days” are calendar days; “Months” are calendar months.

“A Defect” is any part of the Works not completed in accordance with the Contract.

“The Defects Liability Certificate” is the certificate issued by

Employer’s Representative upon correction of defects by the Contractor.

“The Defects Liability Period” is the period named in the Appendix to Conditions of Contract and calculated from the Completion Date.

“Drawings” include calculations and other information provided or

approved by the Employer’s Representative for the execution of the Contract.

“Employer” Includes Central or Local Government administration,

Universities, Public Institutions and Corporations and is the party who employs the Contractor to carry out the Works.

“Equipment” is the Contractor’s machinery and vehicles brought temporarily to the Site for the execution of the Works.


“Site” means the place or places where the permanent Works are to be carried out including workshops where the same is being

prepared.

“Materials” are all supplies, including consumables, used by the Contractor for incorporation in the Works.

“Employer’s Representative” is the person appointed by the

Employer and notified to the Contractor for the purpose of supervision of the Works.

“Specification” means the Specification of the Works included in

the Contract.

“Start Date” is the date when the Contractor shall commence execution of the Works.

“ A Subcontractor” is a person or corporate body who has

a Contract with the Contractor to carry out a part of the Work in the Contract, which includes Work on the Site.

“Temporary works” are works designed, constructed, installed, and removed by the Contractor which are needed for

construction or installation of the Works.

“ A Variation” is an instruction given by the Employer’s Representative which varies the Works.

“The Works” are what the Contract requires the Contractor to

construct, install, and turnover to the Employer.

2. Contract Documents

2.1 The following documents shall constitute the Contract documents and shall be interpreted in the following order of

priority;

(1) Agreement, (2) Letter of Acceptance, (3) Contractor’s Tender, (4) Conditions of Contract,

(5) Specifications, (6) Drawings, (7) Bills of Quantities or Schedule of Rates [whichever is applicable)

3. Employer’s Representative’s Decisions

3.1 Except where otherwise specifically stated, the Employer’s Representative will decide contractual matters between the

Employer and the Contractor in the role representing the Employer.

4. Works, Language and Law of Contract


4.1 The Contractor shall construct and install the Works in accordance with the Contract documents. The Works may

commence on the Start Date and shall be carried out in accordance with the Program submitted by the Contractor, as

updated with the approval of the Employer’s Representative, and complete them by the Intended Completion Date.

4.2 The ruling language of the Contract shall be English language and the law governing the Contract shall be the law of the Republic of

Kenya.

5. Safety, Temporary works and Discoveries

5.1 The Contractor shall be responsible for design of temporary works

and shall obtain approval of third parties to the design of the temporary works where required.

5.2 The Contractor shall be responsible for the safety of all activities on the Site.

5.3 Any thing of historical or other interest or significant value unexpectedly discovered on the Site shall be the property of the Employer. The Contractor shall notify the Employer’s

Representative of such discoveries and carry out the Employer’s Representative’s instructions for dealing with them.

6 Work Program and Sub-contracting

6.1 Within seven days after Site possession date, the Contractor

shall submit to the Employer’s Representative for approval a program showing the general methods, arrangements, order and

timing for all the activities in the Works.

6.2 The Contractor may sub-contract the Works (but only to a maximum of 25 percent of the Contract Price) with the approval

of the Employer’s Representative. However, he shall not assign the Contract without the approval of the Employer in writing. Sub-contracting shall not alter the Contractor’s obligations.

7 The site

7.1 The Employer shall give possession of all parts of the Site to the Contractor.The Contractor shall allow the Employer’s Representative and any other person authorised by the Employer’s

Representative ,access to the Site and to any place where work in connection with the Contract is being carried out or is intended to be carried out.

8 Instructions

8.1 The Contractor shall carry out all instructions of the Employer’s Representative which are in accordance with the Contract.


9 Extension of Completion Date

9.1 The Employer’s Representative shall extend the Completion Date if an occurrence arises which makes it impossible for completion to be achieved by the Intended Completion Date. The Employer’s

Representative shall decide whether and by how much to extend the Completion Date.

9.2 For the purposes of this clause, the following occurrences shall

be valid for consideration;

Delay by:- (a) force majeure, or

(b) reason of any exceptionally adverse weather conditions, or

(c) reason of civil commotion, strike or lockout affecting any of the trades employed upon the Works or any of the trades engaged in the preparation, manufacture or transportation

of any of the goods or materials required for the Works, or

(d) reason of the Employer’s Representative’s instructions issued under these Conditions, or

(e) reason of the contractor not having received in due time

necessary instructions, drawings, details or levels from the Employer’s Representative for which he specifically applied in writing on a date which having regard to the date for

Completion stated in the appendix to these Conditions or to any extension of time then fixed under this clause was neither

unreasonably distant from nor unreasonably close to the date on which it was necessary for him to receive the same, or

(f) delay on the part of artists, tradesmen or others engaged by

the Employer in executing work not forming part of this Contract, or

(g) reason of delay by statutory or other services providers or

similar bodies engaged directly by the Employer, or

(h) reason of opening up for inspection of any Work covered up

or of the testing or any of the Work, materials or goods in accordance with these conditions unless the inspection or test showed that the Work, materials or goods were not

in accordance with this Contract, or

(i) reason of delay in appointing a replacement Employer’s Representative, or

(j) reason of delay caused by the late supply of goods or

materials or in executing Work for which the Employer or his agents are contractually obliged to supply or to execute


as the case may be, or

(k) delay in receiving possession of or access to the Site.

10 Management Meetings

10.1 A Contract management meeting shall be held regularly and

attended by the Employer’s Representative and the Contractor.Its business shall be to review the plans for the remaining Work.

The Employer’s Representative shall record the business of management meetings and provide copies of the record to those attending the meeting and the Employer. The responsibility of the

parties for actions to be taken shall be decided by the Employer’s Representative either at the management meeting or after the management meeting and stated in writing to all who

attend the meeting.

10.2 Communication between parties shall be effective only when in writing.

11 Defects

11.1 The Employer’s Representative shall inspect the Contractor’s work and notify the Contractor of any defects that are found. Such

inspection shall not affect the Contractor’s responsibilities. The Employer’s Representative may instruct the Contractor to search for a defect and to uncover and test any Work that the Employer’s

Representative considers may have a defect. Should the defect be found, the cost of uncovering and making good shall be borne by the Contractor. However if there is no defect found, the cost

of uncovering and making good shall be treated as a variation and added to the Contract Price.

11.2 The Employer’s Representative shall give notice to the Contractor

of any defects before the end of the Defects Liability Period, which beginsat Completion, and is defined in the Appendix to

Conditions of Contract.

11.3 Every time notice of a defect is given, the Contractor shall correct the notified defect within the length of time specified by the

Employer’s Representative’s notice. If the Contractor has not corrected a defect within the time specified in the Employer’s

Representative’s notice, the Employer’s Representative will assess the cost of having the defect corrected by other parties and such cost shall be treated as a variation and be deducted from the

Contract Price.

12 Bills of Quantities/Schedule of Rates

12.1 The Bills of Quantities/Schedule of Rates shall contain items for the construction, installation, testing and commissioning of the

Work to be done by the Contractor. The Contractor will be paid


for the quantity of the Work done at the rates in the Bills of Quantities/Schedule of Rates for each item. Items against which

no rate is entered by the Tenderer will not be paid for when executed and shall be deemed covered by the rates for other items in the

Bills of Quantities/Schedule of Rates.

12.2 Where Bills of Quantities do not form part of the Contract, the Contract Price shall be a lump sum (which shall be deemed to have been based on the rates in the Schedule of Rates forming part

of the tender) and shall be subject to re-measurement after each stage.

13 Variations

13.1 The Contractor shall provide the Employer’s Representative with

a quotation for carrying out the variations when requested to do so. The Employer’s Representative shall assess the quotation and shall obtain the necessary authority from the Employer before the

variation is ordered.

13.2 If the Work in the variation corresponds with an item description in the Bill of Quantities/Schedule of Rates, the rate in the Bill of

Quantities/Schedule of Rates shall be used to calculate the value of the variation. If the nature of the Work in the variation does not correspond with items in the Bill of Quantities/Schedule of

Rates, the quotation by the Contractor shall be in the form of new rates for the relevant items of Work.

13.3 If the Contractor’s quotation is unreasonable, the Employer’s

Representative may order the variation and make a change to the Contract Price, which shall be based on the Employer’s Representative’s own forecast of the effects of the variation on

the Contractor’s costs.

14 Payment Certificates and Final Account

14.1 The Contractor shall be paid after each of the following stages of Work listed herebelow (subject to re-measurement by the Employer’s Representative of the Work done in each stage

before payment is made). In case of lump-sum Contracts, the valuation for each stage shall be based on the quantities so obtained in the re-measurement and the rates in the Schedule of

Rates.

(i) Advance payment

(percent of Contract Price, [after Contract execution] to be inserted by the Employer).

(ii) First stage (define stage)

(iii) Second stage (define stage)


(iv) Third stage (define stage)

(v) After defects liability period .

14.2 Upon deciding that Works included in a particular stage are complete, the Contractor shall submit to the Employer’s Representative his application for payment. The Employer’s

Representative shall check, adjust if necessary and certify the amount to be paid to the Contractor within 21 days of receipt of the Contractor’s application .The Employer shall pay the

Contractor the amounts so certified within 30 days of the date of issue of each Interim Certificate.

14.3 The Contractor shall supply the Employer’s Representative with

a detailed final account of the total amount that the Contractor considers payable under the Contract before the end of the

Defects Liability Period. The Employer’s Representative shall issue a Defect Liability Certificate and certify any final payment that is due to the Contractor within 30 days of receiving the Contractor’s

account if it is correct and complete. If it is not, the Employer’s Representative shall issue within 21 days a schedule that states the scope of the corrections or additions that are necessary. If the

final account is still unsatisfactory after it has been resubmitted, the Employer’s Representative shall decide on the amount payable

to the Contractor and issue a Final Payment Certificate. The Employer shall pay the Contractor the amount so certified within 60 days of the issue of the Final Payment Certificate.

14.4 If the period laid down for payment to the Contractor upon each of

the Employer’s Representative’s Certificate by the Employer has been exceeded, the Contractor shall be entitled to claim simple

interest calculated pro-rata on the basis of the number of days delayed at the

Central Bank of Kenya’s average base lending rate prevailing on

the first day the payment becomes overdue. The Contractor will be required to notify the Employer within 15 days of receipt of

delayed payments of his intentions to claim interest.

15. Insurance

15.1 The Contractor shall be responsible for and shall take out

appropriate cover against, among other risks, personal injury; loss of or damage to the Works, materials and plant; and loss of or damage to property.

16. Liquidated Damages

16.1 The Contractor shall pay liquidated damages to the Employer at the rate 0.001 per cent of the Contract price per day for each day that the actual Completion Date is later than the Intended

Completion Date except in the case of any of the occurrences listed


under clause 9.2. The Employer may deduct liquidated damages from payments due to the Contractor. Payment of liquidated

damages shall not affect the Contractor’s liabilities.

17. Completion and Taking Over

17.1 Upon deciding that the Work is complete the Contractor shall

request the Employer’s Representative to issue a Certificate of Completion of the Works, upon deciding that the Work is completed.

The Employer shall take over the Site and the Works within seven days of the Employer’s Representative issuing a Certificate

of Completion.

18. Termination

18.1 The Employer or the Contractor may terminate the Contract if the other party causes a fundamental breach of the Contract.

These fundamental breaches of Contract shall include, but shall not be limited to, the following;

(a) the Contractor stops Work for 30 days continuously

without reasonable cause or authority from the Employer’s Representative;

(b) the Contractor is declared bankrupt or goes into

liquidation other than for a reconstruction or amalgamation;

(c) a payment certified by the Employer’s Representative is not paid by the Employer to the Contractor within 30 days

after the expiry of the payment periods stated in sub clauses 14.2 and 14.3 hereinabove.

(d) the Employer’s Representative gives notice that failure to correct a particular defect is a fundamental breach of Contract and the Contractor fails to correct it within a reasonable period of time.

18.2 If the Contract is terminated, the Contractor shall stop Work immediately, and leave the Site as soon as reasonably possible. The Employer’s Representative shall immediately thereafter

arrange for a meeting for the purpose of taking record of the Works executed and materials, goods, equipment and temporary buildings on Site.

19. Payment Upon Termination

19.1 The Employer may employ and pay other persons to carry out and complete the Works and to rectify any defects and may enter

upon the Works and use all materials on Site, plant, equipment and temporary works.


19.2 The Contractor shall, during the execution or after the completion of the Works under this clause, remove from the

Site as and when required within such reasonable time as the Employer’s Representative may in writing specify,any temporary

buildings, plant, machinery, appliances, goods or materials belonging to him, and in default thereof , the Employer may (without being responsible for any loss or damage) remove and sell

any such property of the Contractor, holding the proceeds less all costs incurred to the credit of the Contractor.

19.3 Until after completion of the Works under this clause, the Employer

shall not be bound by any other provision of this Contract to make any payment to the Contractor, but upon such completion as aforesaid and the verification within a reasonable time of the accounts therefor the

Employer’s Representative shall certify the amount of expenses properly incurred by the Employer and, if such amount added to the money paid

to the Contractor before such determination exceeds the total amount which would have been payable on due completion in accordance with this Contract, the difference shall be a debt payable to the Employer by

the Contractor; and if the said amount added to the said money be less than the said total amount, the difference shall be a debt payable by the Employer to the Contractor.

20. Corrupt Gifts and Payments of Commission

20.1 The Contractor shall not;

(a) Offer or give or agree to give to any person in the service of the Employer any gifts or consideration of any kind as an

inducement or reward for doing or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of this or any other contract with the

Employer or for

showing or forbearing to show favour or disfavour to any

person in relation to this or any other contract with the Employer.

(b) Any breach of this Condition by the Contractor or by

anyone employed by him or acting on his behalf (whether with or without the knowledge of the Contractor) shall be

an offence under the Laws of Kenya.

21. Settlement of Disputes

21.1 Any dispute arising out of the Contract which cannot be amicably settled between the parties shall be referred by

either party to the arbitration and final decision of a person to be agreed between the parties. Failing agreement to concur in the appointment of an Arbitrator, the Arbitrator shall be

appointed by the chairman of the Chartered Institute of Arbitrators, Kenya branch, on the request of the applying

party.


SECTION IV – APPENDIX TO CONDITIONS OF CONTRACT

THE EMPLOYER IS Name: COUNTY GOVERNMENT OF EMBU

Address: P.O BOX 36-60100 EMBU

The Project Manager is

Name: DIRECTOR-INFRASTUCTURE, TRANSPORT AND PUBLIC WORKS.

Address: P.O BOX 36-60100 EMBU


SECTION V– STANDARD FORM

(i) Form of Invitation for Tenders (ii) Form of Tender (iii) Letter of Acceptance (iv) Form of Agreement (v) Form of Tender Security (vi) Performance Bank Guarantee (vii) Bank Guarantee for Advance Payment (viii) Qualification Information (ix) Tender Questionnaire (xi) Confidential Business Questionnaire (x) Statement of Foreign Currency Requirement (xi) Details of Sub-Contractors (x) Request for Review Form


FORM OF BID

(NOTE: The Appendix forms part of the Bid. Bidders are required to fill all the blank spaces in this form of Bid and Appendix)

TO: __________________________ [Name of Employer) ____________[Date] __________________________ [Name of Contract] Dear Sir, 1. In accordance with the Conditions of Contract, Specifications, Drawings and Bills of Quantities for

the execution of the above named Works, we, the undersigned offer to construct, install and complete such Works and remedy any defects therein for the sum of Kshs._____________________________[Amount in figures]Kenya Shillings___________________________________________________________________________________________[Amount in words]

2. We undertake, if our tender is accepted, to commence the Works as

soon as is reasonably possible after the receipt of the Project Manager’s notice to commence, and to complete the whole of the Works comprised in the Contract within the time stated in the Appendix to Conditions of Contract.

3. We agree to abide by this tender until ___________________[Insert date], and it shall remain binding

upon us and may be accepted at any time before that date. 4. Unless and until a formal Agreement is prepared and executed this tender together with your written

acceptance thereof, shall constitute a binding Contract between us. 5. We understand that you are not bound to accept the lowest or any tender you may receive.

Dated this ____________________ day of _______20________________ Signature __________________in the capacity of___________________ duly authorized to sign tenders for and on behalf of _____________________________________________[Name of Employer] of___________________________________________[Address of Employer]

Witness; Name______________________________________ Address_____________________________________ Signature___________________________________ Date_______________________________________


APPENDIX TO FORM OF BID (This appendix forms part of the bid)

Signature of Bidder…………………………………….……. Date ……………………

APPENDIX CONDITIONS OF CONTRACT CLAUSE AMOUNT

Program to be submitted 14.1 Not later than 14 (Fourteen) days after issuance of Order to Commence

Period for commencement, from Engineer’s order to commence

41.1 14 days

Time for completion 43.1 3 (Three) months

Amount of liquidated damages 47.1 Ksh.100,000 per day

Limit of liquidated damages 47.1 10% of Contract Value

Defects Liability Period 49.1 3 (Three) months

Percentage of Retention 60.3 10% of Interim Payment Certificate

Appointer of Arbitrator 67(3) Chairman, Chartered Institute of Arbitrators-Kenya Chapter

Notice to Employer and Engineer

68.2

The Employers address is: County Secretary County Government of Embu P.O.Box 36 - 60100 EMBU

The Engineer’s address is: Director Roads Department of Infrastructure, Transport & Public Works P.O.Box 36 - 60100 EMBU


LETTER OF ACCEPTANCE [letterhead paper of the Employer] _______________________[date]

To: _______________________ [name of the Contractor]

_____________________ [address of the Contractor]

Dear Sir,

This is to notify you that your Tender dated ___________________________

for the execution of ________________________________________________ [name of the Contract and identification number,as given in the Tender documents] for the Contract Price of Kshs. __________________________ [amount in figures][Kenya Shillings______________________________(amount in words) ] in accordance with the Instructions to Tenderers is hereby accepted.

You are hereby instructed to proceed with the execution of the said Works in accordance with the Contract documents.

Authorized Signature …………………………………………………………………

Name and Title of Signatory …………………………………………………………

Attachment : Agreement


FORM OF AGREEMENT

THIS AGREEMENT, made the _________________ day of ________ 20 ______ between COUNTY GOVERNMENT OF EMBU of[or whose registered office is

situated at] P.O BOX 36, EMBU,KENYA (hereinafter called “the Employer”) of the one part AND ________________________________________________________ of[or whose

registered office is situated at]_________________________________________ (hereinafter called “the Contractor”) of the other part.

WHEREAS THE Employer is desirous that the Contractor executes ………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………………………………………………………………………………………….] (name and identification number of Contract ) (hereinafter called “the Works”) located at Embu County[Place/location of the Works]and the Employer has accepted the tender submitted by the Contractor for the execution and

completion of such Works and the remedying of any defects therein for the Contract Price of Kshs___________________________[Amount in figures],Kenya

Shillings_____________________________________________[Amount in words]. NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement, words and expressions shall have the same meanings

as are respectively assigned to them in the Conditions of Contract hereinafter referred to.

2. The following documents shall be deemed to form and shall be read and construed as part of this Agreement i.e.

(i) Letter of Acceptance

(ii) Form of Tender

(iii) Conditions of Contract Part I


(iv) Conditions of Contract Part II and Appendix to Conditions of Contract

(v) Specifications

(vi) Drawings

(vii) Priced Bills of Quantities 3. In consideration of the payments to be made by the Employer to

the Contractor as hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and complete the Works and

remedy any defects therein in conformity in all respects with the provisions of the Contract.

4. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the Works and the

remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

IN WITNESS whereof the parties thereto have caused this Agreement to be executed the day and year first before written.

The common Seal of _________________________________________________

Was hereunto affixed in the presence of ________________________________

Signed Sealed, and Delivered by the said ______________________________ Binding Signature of Employer ________________________________________

Binding Signature of Contractor _______________________________________

In the presence of (i) Name_______________________________________

Address_____________________________________

Signature___________________________________

[ii] Name _______________________________________

Address_____________________________________

Signature____________________________________


FORM OF TENDER SECURITY

WHEREAS ………………………………………..(hereinafter called “the Tenderer”) has

submitted his tender dated ………………………… for the construction of ……………………………………………………………………… …………………… (name of Contract) KNOW ALL PEOPLE by these presents that WE ……………………… having our

registered office at ………………(hereinafter called “the Bank”), are bound unto ……………………………(hereinafter called “the Employer”) in the sum of Kshs.……………………… for which payment well and truly to be made to the said

Employer, the Bank binds itself, its successors and assigns by these presents sealed with the Common Seal of the said Bank this ……………. Day of ………20…………

THE CONDITIONS of this obligation are:

1. If after tender opening the tenderer withdraws his tender during the period

of tender validity specified in the instructions to tenderers

Or

2. If the tenderer, having been notified of the acceptance of his tender by the Employer during the period of tender validity:

(a) fails or refuses to execute the form of Agreement in accordance with the Instructions to Tenderers, if required; or

(b) fails or refuses to furnish the Performance Security, in accordance

with the Instructions to Tenderers;

We undertake to pay to the Employer up to the above amount upon receipt of his first written demand, without the Employer having to substantiate his demand, provided that in his demand the Employer will note that the

amount claimed by him is due to him, owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions.

This guarantee will remain in force up to and including thirty (30) days after the period of tender validity, and any demand in respect thereof should

reach the Bank not later than the said date. ___________________________ ______________________________ [date[ [signature of the Bank] ___________________________ ______________________________ [witness] [seal]


PERFORMANCE BANK GUARANTEE To: _________________________(Name of Employer) ___________(Date) __________________________(Address of Employer)

Dear Sir, WHEREAS ______________________(hereinafter called “the Contractor”) has

undertaken, in pursuance of Contract No. _____________ dated _________ to execute _______________ (hereinafter called “the Works”);

AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you with a Bank Guarantee by a recognised bank for the

sum specified therein as security for compliance with his obligations in accordance with the Contract;

AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of the Contractor, up to a total of Kshs. ________________ (amount of Guarantee in figures) Kenya Shillings__________________________________________ (amount of Guarantee in words), and we undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums within the limits

of Kenya Shillings _________________________ (amount of Guarantee in words) as aforesaid without your needing to prove or to show grounds or reasons for your

demand for the sum specified therein. We hereby waive the necessity of your demanding the said debt from the

Contractor before presenting us with the demand.

We further agree that no change, addition or other modification of the terms of the Contract or of the Works to be performed thereunder or of any of the Contract documents which may be made between you and the Contractor shall in any way

release us from any liability under this Guarantee, and we hereby waive notice of any change, addition, or modification.

This guarantee shall be valid until the date of issue of the Certificate of Completion.

SIGNATURE AND SEAL OF THE GUARANTOR ___________________

Name of Bank ____________________________________________

Address ________________________________________________

Date ______________________________________________________


BANK GUARANTEE FOR ADVANCE PAYMENT

To: ________________________ [name of Employer] ___________(Date) ________________________[address of Employer] Gentlemen,

Ref: _______________________________________________[name of Contract] In accordance with the provisions of the Conditions of Contract of the above-mentioned Contract, We,_______________________________________[name and

Address of Contractor] (hereinafter called “the Contractor”) shall deposit with _______________________________[name of Employer] a bank guarantee to guarantee his proper and faithful performance under the said Contract in an amount of Kshs._____________[amount of Guarantee in figurers] Kenya Shillings_____________________________________[amount of Guarantee in words].

We, ________________[bank or financial institution], as instructed by the Contractor, agree unconditionally and irrevocably to guarantee as primary obligator and not as Surety merely, the payment to

___________________________[name of Employer] on his first demand without whatsoever right of objection on our part and without his first claim to the

Contractor, in the amount not exceeding Kshs________________________[amount of Guarantee in figures] Kenya Shillings _____________________________________________________________[amount of Guarantee in words], such amount to be reduced periodically by the amounts recovered by you from the proceeds of the Contract. We further agree that no change or addition to or other modification of the terms

of the Contract or of the Works to be performed thereunder or of any of the Contract documents which may be made between ________________________[name of Employer] and the Contractor, shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification.

No drawing may be made by you under this guarantee until we have received

notice in writing from you that an advance payment of the amount listed above has been paid to the Contractor pursuant to the Contract.

This guarantee shall remain valid and in full effect from the date of the advance payment under the Contract until

______________________________________________(name of Employer) receives full payment of the same amount from the Contract.

Yours faithfully,

Signature and Seal __________________________________________________

Name of the Bank or financial institution ______________________________


Address ______________________________________________________________

Date _________________________________________________________________

Witness: Name: ____________________________________________________

Address: __________________________________________________ Signature: ________________________________________________

Date: _____________________________________________________


LETTER OF NOTIFICATION OF AWARD

Address of Procuring Entity _____________________ _____________________

To:

RE: Tender No. Tender Name

This is to notify that the contract/s stated below under the above mentioned

tender have been awarded to you.

1. Please acknowledge receipt of this letter of notification signifying your

acceptance.

2. The contract/contracts shall be signed by the parties within 30 days of the

date of this letter but not earlier than 14 days from the date of the letter.

3. You may contact the officer(s) whose particulars appear below on the subject matter of this letter of notification of award. (FULL PARTICULARS)

SIGNED FOR ACCOUNTING OFFICER


FORM RB 1

REPUBLIC OF KENYA

PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD

APPLICATION NO…………….OF……….….20……...

BETWEEN

…………………………………………….APPLICANT

AND

…………………………………RESPONDENT (Procuring Entity)

Request for review of the decision of the…………… (Name of the Procuring Entity) of

……………dated the…day of ………….20……….in the matter of Tender No………..…of

…………..20…

REQUEST FOR REVIEW

I/We……………………………,the above named Applicant(s), of address: Physical

address…………….Fax No……Tel. No……..Email ……………, hereby request the Public

Procurement Administrative Review Board to review the whole/part of the above

mentioned decision on the following grounds , namely:-

1.

2.

etc.

By this memorandum, the Applicant requests the Board for an order/orders that: -

1.

2.

etc

SIGNED ……………….(Applicant)

Dated on…………….day of ……………/…20…

FOR OFFICIAL USE ONLY

Lodged with the Secretary Public Procurement Administrative Review Board on …………

day of ………....20….………

SIGNED

Board Secretary


SECTION VI – SPECIFICATIONS, DRAWINGS & BILLS OF QUANTITIES

STANDARD SPECIFICATIONS

STANDARD SPECIFICATIONS

Standard Specifications refers to the Standard Specifications for Road and Bridge Construction,

1986 Edition.


SECTION 11: SPECIAL SPECIFICATIONS

SPECIAL SPECIFICATIONS

TABLE OF CONTENTS

101 SPECIAL SPECIFICATIONS. ....................................................................................................... 40 102 EXTENT OF CONTRACT. ............................................................. Error! Bookmark not defined. Project location ......................................................................................... Error! Bookmark not defined. 104 PROGRAMME OF EXECUTION OF THE WORKS ................................................................... 40 105 ORDER OF EXECUTION OF WORKS ........................................................................................ 40 107 TAKING OVER CERTIFICATE ................................................................................................... 40 109 NOTICE OF OPERATIONS ......................................................................................................... 40 117 HEALTH, SAFETY AND ACCIDENTS ...................................................................................... 41 121 DIVERSION OF SERVICES ......................................................................................................... 41 123 LIAISON WITH GOVERNMENT AND POLICE OFFICIALS ................................................... 41 124 LAND FOR ALL CAMPS SITES AND FOR THE CONTRACTOR’S OWN PURPOSES,

INCLUDING TEMPORARY WORKS. ......................................................................................... 41 128 STORAGE OF MATERIALS ......................................................................................................... 42 129 TEST CERTIFICATES .................................................................................................... 42 131 SIGNBOARDS ............................................................................................................................... 42 132 ENGINEER’S OFFICE ................................................................................................................... 42 134 ENGINEER’S LABORATORY ..................................................................................................... 42 137 ATTENDANCE UPON THE ENGINEER AND HIS STAFF ....................................................... 42 138 VEHICLES AND DRIVERS FOR THE ENGINEER AND HIS STAFF AND METHOD OF

PAYMENT ...................................................................................................................................... 42 139 RECEIPTED ACCOUNTS ............................................................................................................ 42 142 LIQUIDATED DAMAGES ............................................................................................................ 43 143 ENVIRONMENTAL PROTECTION ............................................................................................ 43 205 SOILS AND GRAVEL ................................................................................................................... 44

SECTION 3 - SETTING OUT & TOLERANCES .......................................................................45

301 SETTING OUT .............................................................................................................................. 45

The contractor while pegging out the distances shall ensure that the existing alignment is followed

unless instructed otherwise by the Engineer. .........................................................45

SECTION 4- SITE CLEARANCE AND TOP SOIL STRIPPING ..............................................46 402 REMOVAL OF TOPSOIL .............................................................................................................. 46 403 REMOVAL OF STRUCTURES, FENCES AND OBSTRUCTIONS ........................................... 46

SECTION 5 – EARTHWORKS ....................................................................................................47

504 PREPARATION PRIOR TO FORMING EMBANKMENT.......................................................... 47 505 CONSTRUCTION OF EMBANKMENTS .................................................................................... 47 508 COMPACTION OF EARTHWORKS ............................................................................................ 47 511 BORROW PITS .............................................................................................................................. 48 515 SIDE DRAINS ................................................................................................................................ 48 517 MEASUREMENT AND PAYMENT ............................................................................................. 48 517(e) Overhaul ........................................................................................................................... 48 518 Grading and shaping ........................................................................................................................ 48

SECTION 6 - QUARRIES, BORROW PITS, STOCKPILES & SPOIL AREAS .......................49

601 GENERAL ...................................................................................................................................... 49

SECTION 7 - EXCAVATION AND FILLING FOR STRUCTURES.........................................50

703 EXCAVATION OF FOUNDATIONS FOR STRUCTURES ........................................................ 50 707 BACKFILLING FOR STRUCTURES ........................................................................................... 50 709 EXCAVATION FOR RIVER TRAINING AND NEW WATER COURSES ............................... 50


710 STONE PITCHING......................................................................................................................... 50 711 GABIONS ....................................................................................................................................... 51 712 RIP-RAP PROTECTION WORK ................................................................................................... 51 714 BACKFILL BELOW STRUCTRURES ......................................................................................... 51

SECTION 8 - CULVERTS AND DRAINAGE WORKS .............................................................52 801 SCOPE OF SECTION ..................................................................................................................... 52 804 EXCAVATION FOR CULVERTS AND DRAINAGE WORKS .................................................. 52 805 EXCAVATION IN HARD MATERIAL ........................................................................................ 52 809 BEDDING AND LAYING OF PIPE CULVERTS ........................................................................ 53 810 JOINTING CONCRETE PIPES .................................................................................................... 53 812 BACKFILLING OVER PIPE CULVERTS .................................................................................... 53 814 SUBSOIL DRAINS......................................................................................................................... 53 817 REPAIRS TO DRAINS .................................................................................................................. 53 (vi) Spoil Material .................................................................................................................................. 54 819 CLEANING AND MAINTENANCE ............................................................................................. 55

SECTION 9 - PASSAGE OF TRAFFIC .......................................................................................56

901 SCOPE OF THE SECTION ............................................................................................................ 56 906 PASSAGE OF TRAFFIC THROUGH THE WORKS ................................................................... 56 907 SIGNS, BARRIERS AND LIGHTS ............................................................................................... 56 909 ASSISTANCE TO PUBLIC ........................................................................................................... 56 912 MEASUREMENT AND PAYMENT ............................................................................................. 56

SECTION 10 - GRAVEL WEARING COURSE .........................................................................58

1001 GENERAL ........................................................................................................................ 58

1003 MATERIAL REQUIREMENTS ....................................................................................58

SECTION 17 - CONCRETE WORKS ..........................................................................................58

1703 MATERIALS FOR CONCRETE ................................................................................... 59 (a) Materials .......................................................................................................................................... 59 1703(A) LEVELLING CONCRETE (CLASS 15/20) FOR BOTTOM SLAB INCLUSIVE OF

COST OF FORM WORKS ............................................................................................................. 59 1703(B) REINFORCING BARS OF WALLS AND SLABS ......................................................... 60 1703 (C) FORMWORK FOR CULVERT WALLS AND SLABS ................................................. 62

SECTION 20 - ROAD FURNITURE ...........................................................................................68 2004 PERMANENT ROAD SIGNS .......................................................................................... 68 2004B EXISTING ROAD SIGNS ................................................................................................ 68 2006 GUARDRAILS AND HANDRAILS................................................................................ 68


SECTION 1 - GENERAL

101 SPECIAL SPECIFICATIONS.

Special specification is supplementary to the Standard Specifications and the two must be read in conjunction. In any case where there appears to be conflict between the two then the Special Specifications will take precedence

104 PROGRAMME OF EXECUTION OF THE WORKS

The contractor shall provide the works programme, required under clause 14 of the Conditions of Contract, within 21 days of receipt of the Engineer’s Order to commence work.

The programme shall be co-ordinated with climatic and other conditions to provide for the completion of the works in the order and by the time specified.

The Contractor shall carry out the contract in accordance with the programme agreed with the Engineer, but he shall in no manner be relieved by the Engineer’s approval of the programme, of his obligation to complete the works in the prescribed order and by the prescribed completion date and he shall from time to time review his progress and make such amendments to his rate of execution of the works as may be necessary to fulfil his obligations.

105 ORDER OF EXECUTION OF WORKS

In addition to Clause 105 of the Standard Specification the Contractor shall carry out

the Works such that a continuous and consecutive output of fully completed work is

achieved.

107 TAKING OVER CERTIFICATE

The minimum length of road for which a certificate will be issued under Clause 48 of

the Conditions of Contract is the entire length of the road when substantially

completed.

109 NOTICE OF OPERATIONS

Add the following sub- Clause.

109.1 Notification Terms

It shall be the Contractor’s responsibility to notify the Engineer when any item of works scheduled are completed and ready for approval, and the contractor shall give sufficient notice to allow control test to be performed.


109.2 Explosive and Blasting

(a) The requirements of the Laws of Kenya governing explosives and other requirements and regulations of Government of Kenya and other authorities shall

be complied with.

(b) No explosives of any kind shall be used without prior written consent of the Engineer.

(c) The Contractor shall be solely responsible for the provision, handling, storage and transporting of all explosive ancillary materials and all other items of related

kind whatsoever required for blasting.

117 HEALTH, SAFETY AND ACCIDENTS

Add to section 117 the following:

In addition to providing, equipping and maintaining adequate first aid stations throughout the works in accordance with the laws of Kenya, the contractor shall provide and maintain on site during the

duration of the Contract, a fully equipped dispensary. This shall be with a qualified Clinical Officer / Nurse who shall offer the necessary

medical advice on HIV and related diseases to the Engineer’s and Contractor’s Site staff. The Contractor shall allow for this in the rates and be responsible for all site welfare arrangements at his own cost.

121 DIVERSION OF SERVICES

(a) The Contractor shall acquaint himself with the location of all existing services such as telephone lines, electricity cables, water pipes, sewers etc., before

execution of any works that may affect the services. The cost of determining the

location of the existing services together with making good or repairing of any

damage caused all to the satisfaction of the Engineer shall be included in the

tender rates.

(b) Subject to the agreement with the Engineer, the Contractor shall be responsible for removal of alteration and relocation of existing services.

(c) The Contractor shall indemnify the Employer against claims originating from damage to existing services or works.

123 LIAISON WITH GOVERNMENT AND POLICE OFFICIALS

The Contractor shall keep in close touch with the Police and the other Government officials of the area regarding their requirements in the control of traffic or other matters, and shall provide all assistance or facilities, which may be required by such officials in the execution of their duties.

124 LAND FOR ALL CAMPS SITES AND FOR THE CONTRACTOR’S OWN

PURPOSES, INCLUDING TEMPORARY WORKS.

Notwithstanding Clause 124 of the Standard Specification all requirements of land

for temporary works and construction purposes shall be to the approval of the

Engineer but the Contractor will make all necessary arrangements with the property

owners concerned and pay all charges arising there .from. On or before completion

of the Contract, the Contractor shall remove all temporary works and shall restore all

such land to the condition in which it was immediately prior to the occupation thereof

as far as reasonable and practicable. No separate payment will be made to the


Contractor on account of these items and the Contractor must make due allowance for

them in his rates.

Notwithstanding Clause 120 of the Standard Specifications, the Contractor shall be

required to appoint a competent surveyor who will liaise with the Engineer on matters

related to the demarcation of the existing road reserve, site measurements, removal

and reinstatement of existing services.

128 STORAGE OF MATERIALS

All materials shall be stored on Site in a manner approved by the Engineer and the Contractor shall carefully protect from the weather all work and materials which may be affected thereby.

129 TEST CERTIFICATES

When instructed by the Engineer, the Contractor shall submit certificates of test from

the suppliers of materials and goods required in connection with the works as the

Engineer may require.

Such certificates shall certify that the materials or goods concerned have been tested

in accordance with the requirements of the specifications and shall give the results of

all the tests carried out. The Contractor shall provide adequate means of identifying

the materials and goods delivered to the site with the corresponding certificates.

131 SIGNBOARDS

The Contractor shall provide and erect 1 (one) or two (2) publicity signboards on the site as directed. The Engineer shall as shown in the Drawings and as required direct the minimum dimensions of the boards. The boards shall be prepared primed and painted cream and lettered in black. The boards shall be of stout construction, resistant to the effects of weather.

134 ENGINEER’S LABORATORY The Contractor shall pay for all materials testing and Staff Allowances. Payments shall be made under the relevant item of the BOQ on provision of receipt.

137 ATTENDANCE UPON THE ENGINEER AND HIS STAFF

The Contractor shall provide, pay (including all overtime) attendant staff to fulfil the requirements of Clause 137 of the Standard Specification. The number of staff required for these duties shall be not exceed 6No. The Contractor will be paid on a prime cost basis plus a percentage for overheads and profits under relevant item of the Bills of Quantities.

138 VEHICLES AND DRIVERS FOR THE ENGINEER AND HIS STAFF AND

METHOD OF PAYMENT

The Contractor shall when instructed to do so shall Pay the Service Provider the amount of the invoice for the Supervision Vehicle during the period of the contract.

Payment for the vehicle shall be by a rate entered in the Preliminary and General Item of the BOQ.

139 RECEIPTED ACCOUNTS


The Contractor may be instructed by the Engineer to make payments of general

miscellaneous accounts for such items as stationary, stores and equipment and

miscellaneous supervision personnel and claims or the Engineer may direct the

Contractor to purchase or pay for the above. The Contractor will be paid on a prime

cost basis plus a percentage for overheads and profits under relevant items of the

BOQ.

140 ACCOMODATION FOR THE ENGINEER’S STAFF

Not Applicable

142 LIQUIDATED DAMAGES

Liquidated Damages at the rate shown in the Appendix to Form of Bid shall apply in

the event of the works not being completed within the time for completion plus any

extension of time which may be determined by the Engineer.

143 ENVIRONMENTAL PROTECTION

The Contractor shall ensure so far as is reasonably practicable and to the satisfaction of the Engineer; that the impact of the construction on the environment shall be kept to a minimum and that appropriate measures are taken to mitigate any adverse effects during the construction.

(a) After extraction of materials, all borrows pits shall be back-filled to the

satisfaction of the Engineer. In particular borrow pits near the project road shall be

back-filled in such a way that no water collects in them.

(b) Spilling of bitumen, fuels, Oils and other pollutants shall be cleared up.


SECTION 2 - MATERIALS AND TESTING OF MATERIALS

205 SOILS AND GRAVEL

Whenever in the Contract Document a minimum California Bearing Ratio (CBR) is specified, the CBR of the material shall be determined at the specified state of compaction.

a) After four days soaking in the case of neat materials and

b) After seven days curing plus seven days soaking in the case of cement improved materials


SECTION 3 - SETTING OUT & TOLERANCES

301 SETTING OUT

The contractor while pegging out the distances shall ensure that the existing alignment is

followed unless instructed otherwise by the Engineer.


SECTION 4- SITE CLEARANCE AND TOP SOIL STRIPPING

401 SITE CLEARANCE Site Clearance shall be carried out as directed by the Engineer.

402 REMOVAL OF TOPSOIL Topsoil shall include up to 200mm depth or any unsuitable material encountered in existing or newly constructed drains, drainage channels, and accesses.

403 REMOVAL OF STRUCTURES, FENCES AND OBSTRUCTIONS

When instructed by the Engineer, the Contractor shall demolish or remove structure

and payment for this shall be made as per the bill item.


SECTION 5 – EARTHWORKS

504 PREPARATION PRIOR TO FORMING EMBANKMENT

Where benching is required for existing pavement to accommodate earthworks sub-grade or sub-base for widening the road, the rate for compaction of existing ground shall be deemed to cover this activity.

(b) Excavation in the pavement of the existing road shall be kept dry. In the event of water penetrating the underlying layer, construction of the subsequent layers shall be postponed until the underlying layers are dry enough to accommodate the construction plant without deforming or otherwise showing distress.

Step construction shall be carried out per layer at the joint where excavating both vertically and perpendicular to the direction of the travel. The step shall be 500mm perpendicular to the direction of the travel and 150mm vertical unless otherwise instructed by the Engineer.

Special care shall be taken when compacting the new material at the joint ensuring that specified density is achieved.

505 CONSTRUCTION OF EMBANKMENTS

Only material approved by the Engineer shall be used for fill in embankments.

Material with high swelling characteristics or high organic matter content and any other undesirable material shall not be used, unless specifically directed by the Engineer. Unsuitable material shall include:

(i) All material containing more than 5% by weight or organic matter (such as

topsoil, material from swamps, mud, logs, stumps and other perishable

material)

(ii) All material with a swell of more than 3% (such as black cotton soil)

(iii) All clay of plasticity index exceeding 50.

(iv) All material having moisture content greater than 105% of optimum moisture

content (Standard Compaction)

Subgrade: Shall mean upper 300mm of earthworks either insitu or in fill and subgrade shall be provided for as part of earthworks operation and payment shall be made as “fill”. The material for subgrade shall have a CBR of not less than 8% measured after a 4 day soak in a laboratory mix compacted to a dry density of 100% MDD (AASHTO T99) and a swell of less than 1%.

Embankment repair: Where directed by the Engineer, any localised filling in soft, hard or natural; selected material requirements shall be executed in accordance with Clause 505.

508 COMPACTION OF EARTHWORKS At pipe culverts, all fill above ground level around the culverts shall be compacted to density of 100% MDD (AASHTO T.